Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 55K

  (1)   After undertaking an IC review, the Information Commissioner must make a decision in writing:

  (a)   affirming the IC reviewable decision; or

  (b)   varying the IC reviewable decision; or

  (c)   setting aside the IC reviewable decision and making a decision in substitution for that decision.

  (2)   For the purposes of implementing a decision on an IC review, the Information Commissioner may perform the functions, and exercise the powers, of the person who made the IC reviewable decision.

  (3)   A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision.

Content of the decision

  (4)   A decision on an IC review must include the following:

  (a)   a statement of reasons for the decision;

  (b)   a statement of the rights of the review parties to apply to the Tribunal for review of the decision under section   57A.

  (5)   However, a decision on an IC review must not include:

  (a)   information of the kind referred to in subsection   25(1); or

  (b)   exempt matter.

Note:   Subsection   25(1) deals with information about the existence or otherwise of certain documents.

Providing copy of decision

  (6)   The Information Commissioner must give a copy of a decision on an IC review to each review party.

Copy of decision prima facie evidence

  (7)   A document is prima facie evidence of a decision on an IC review if:

  (a)   the document purports to be a copy of the decision; and

  (b)   the document purports to be certified by, or on behalf of, the Information Commissioner to be a true copy of the decision.

Publication requirement

  (8)   The Information Commissioner must publish a decision on an IC review to members of the public generally.